Madhya Pradesh High Court: In an application seeking to quash a FIR and discharge from charges, a single-judge bench comprising of G.S. Ahluwalia, J., dismissed the application seeking the quashing of the FIR against the applicant and held that appellant’s conduct, including attempting to kill her child and disrupting court proceedings, warranted legal action and no sympathetic view could be adopted in the matter.
In the instant matter, the applicant filed an application under Section 482 of the Criminal Procedure Code, 1973 (CrPC) seeking to quash FIR registered at P.S. Beohari, District Shahdol, alleging offences under Sections 452, 323, and 294 of the Penal Code, 1860 (IPC), and further requested discharge from all charges. It is pertinent to note that the applicant created a disturbance in the courtroom on 31-12-2022, allegedly endangering her child’s life by throwing him and a paperweight, resulting in registering of an FIR against her for an offence under Section 307 of IPC. The applicants argued that the FIR was falsely lodged by the complainant, who is a practicing lawyer, alleging that the applicant assaulted him by forcibly entering his chamber. However, the defense claimed that the applicant had been assaulted by the complainant nine days prior to the incident, and the FIR was filed in retaliation.
The Court observed that the facts of the case revealed a disturbing situation and noted that a previous incident involved the applicant throwing her one-year-old child in the courtroom and attempting to hit the child with a paperweight, resulting in the registration of FIR for an offence under Section 307 of IPC. Additionally, the Court highlighted another instance where the applicant’s disruptive behavior in Court led to contempt proceedings under Section 12 of the Contempt of Courts Act.
The Court stated that “throwing a 13 month old child on the floor by itself would amount to an attempt to murder and throwing a paperweight towards his head would further aggravate the situation.” The Court asserted that if the applicant was not convinced with any order passed by the Court, then she had an opportunity to assail the same before the higher Court, but she cannot resort to violence or disruptive behavior to pressurize the court to pass an order in her favour. The Court reasoned that the applicant’s behavior, including attempting to kill her child and disrupting court proceedings, was egregious and could not be condoned. The Court noted that the seriousness of the allegations in the FIR warranted a thorough investigation. The Court emphasised that the applicant’s actions constituted an attempt to murder and were unacceptable. The Court rejected the applicant’s argument that the FIR against the applicant was an afterthought or false, given the gravity of her actions.
Accordingly, the Court held that no sympathetic view could be taken in the circumstances of the case and dismissed the application seeking quashing of the FIR and discharge from charges.
[Bharti Patel v. State of M.P., Misc. Criminal Case No. 45545 Of 2023, order dated 03-05-2024]
Advocates who appeared in this case :
By Shri Bheem Choudhary, Counsel for the Petitioner
Smt. Swati Aseem George — Dy. GA, Counsel for the Respondent No. 1/State
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Respected Sir,
Now a days both boys an girls are getting married and shortly they approach Courts for Divorce. I have seen many of the cases the ladies are misusing this 498A IPC section as they like throwing husbands and his Father and Mother and relatives into trouble. Because of this aged parents are suffering lot and other family members are in dilemma and move around for appearing before Hon’ble Court cases. Hence, now days girls are using 498A as their weapon on husbands family family members and it becomes a fashion. Impact on society’s morality, tradition, customs and loss of beliefs. It is highly essential to balance this matrimonial cases as per Hindu Marriage Act, I am requesting concerned to remove 498A IPC Section which helps heavily on man kind. Please think society marriage system becomes shaking creating unrest of gents mind, in future what happens god only knows.
Hence, to avoid physical and mental agony in the gents mind and future of their children’s becomes orphans and anti social elements because of separation of father and mother. This also become social evil, hence, the concerned judicial veterans make something good to society to avoid misuse of 498A IPC, section.
Hope, this may helps all the boys to take care their parents, wife and children and family becomes happy and contribute good citizens to Hindustan.
Please think and do good in the interest of justice and equality.
B.Ravi, Advocate